LIHU‘E — A reluctant witness was the topic of a hearing in a first-degree murder case Tuesday in 5th Circuit Court. Chief Judge Randal Valenciano continued a motion from the Kaua‘i County Office of the Prosecuting Attorney to allow attorneys
LIHU‘E — A reluctant witness was the topic of a hearing in a first-degree murder case Tuesday in 5th Circuit Court.
Chief Judge Randal Valenciano continued a motion from the Kaua‘i County Office of the Prosecuting Attorney to allow attorneys to arrange for a second attempt at a deposition hearing of a key witness.
County First Deputy County Attorney Jake Delaplane said in court that the witness, Kyler Hansen Loo, appeared at a deposition involving three witnesses on July 14 at Kaua‘i County Correctional Center.
The location allowed for the presence of the defendant, Vicente Kotekapika Hilario, who has been in custody since his arrest in December 2010.
Delaplane said Loo, who was not in court Tuesday, is adamant about his Fifth Amendment right against self-incrimination and would not even confirm his identity during questioning. He asked for the second deposition, saying that the line of questioning would not pursue self-incriminating replies.
Hilario, 25, of Anahola, is charged with first-and-second-degree murder for the shooting death of 34-year-old Aureo Moore near Anahola Beach Park on Dec. 17, 2010. He is also charged with retaliating, intimidating and bribing witnesses.
Michael Soong was appointed as witness counsel for Loo on July 3. The two are in contact, and Loo intends to maintain his Fifth Amendment rights, said Soong.
Delaplane suggested having the second deposition at 5th Circuit Court to allow for on-the-spot decisions on matters by judges and avoid additional hearings and continued deposition orders.
Hilario was not present for the hearing, and his attorney, Keith Shigetomi, appeared by phone from O‘ahu. He remained silent regarding the second deposition and the judge took that as an objection.
The prosecution made a motion for the discovery evidence of an alleged conversation that took place between Loo, Shigetomi and his investigator Brian Fujiuchi.
The conversation apparently took place in public, and Delaplane said the conversation should be made available to the prosecution.
Delaplane said that Loo waived his right to remain silent regarding any statements that were volunteered to Shigetomi and Fujiuchi.
Soong agreed to the deposition but said an order to compel Loo’s alleged conversation with Hilario’s attorneys is an issue that would require a separate hearing.
Valenciano said the attorneys could arrange for the time and place of the deposition and notify the court.
A status hearing is scheduled for Aug. 21, with jury trial beginning on Sept. 17. The trial is expected to last four weeks.
